The Commons: Protecting and Supporting Innovation

Commitments provide assurance that Contributors will not sue those who rely on and
adhere to a statement of permitted use. At the same time, Commitments discourage lawsuits from being
brought against beneficiaries of the pledges by making clear the covenant not to sue does not apply
to those who sue a beneficiary for patent infringement or, in some Commitments, on
any intellectual property claim. The result of these assurances -- and the
corresponding disincentives -- is a supportive and safer environment in which
software developers can innovate and users of software can operate protected by the
pledges of support made by Contributors to The Commons. Learn more.

With increasing frequency, institutions, companies, and inventors wish to signal
formally to open source developers, distributors, sellers and users that software
patents they hold are not a threat or inhibitor to the development, distribution or
use of open source software and open standards. The traditional means of giving permission to use
patented inventions (such as licenses) can be expensive, time consuming, and
logistically difficult to provide. Commitments simplify the process by which access to
patented inventions can be granted.

The Project also provides a meaningful way for those who oppose software patents to
use the current patent system for the benefit of the open source community and
industry. Patenting ideas reduces the likelihood that detractors of open source
software and open standards will obtain a patent on that same invention and use it
against the community and industry, or extract royalties for its use. More
importantly, patenting ideas and then pledging the patents in support of The Commons
expands and reinforces the protective environment of The Commons.